C. I20.

s. 203.

Penalty for breach of byelaws.

Power to

18 & 19 Vict. therewith; for the emptying, cleansing, closing, and filling up of cesspools and privies; and for other works of cleansing, and of removing and disposing of refuse, and for regulating the form of appeal and mode of proceeding thereon; and generally for carrying into effect the purposes of this Act; and every such board and vestry may thereby impose such reasonable penalties as they think fit, not exceeding forty shillings, for each breach of such byelaws, and in case of a continuing offence a further penalty not exceeding twenty shillings. for each day after notice of the offence from the board or vestry: provided always, that under every such byelaw it shall be lawful for the justices before whom any remit penal penalty imposed thereby is sought to be recovered to order the whole or part only of such penalty to be paid, or to remit the whole penalty: provided also, that no byelaws shall be repugnant to the laws of England or to the provisions of this Act; and that no byelaw shall be of any force or effect unless and until the same be submitted to and confirmed at a subsequent meeting of the board or vestry: provided also, that no penalty shall be imposed by any such byelaw unless the same be approved by one of Her Majesty's principal Secretaries of State.

justices to

ties.

Publication

Note. This section, so far as it enabled byelaws to be made for the emptying, cleansing, closing, and filling up of cesspools and privies, and for other works of cleansing and of removing and disposing of refuse, is repealed as from the coming into operation of any byelaw for the like object by 54 & 55 Vict. cap. 76, sect. 142. Byelaws for a like object were made by the Council on June 22, 1893, under sect. 39 (1), post, of that Act. Such byelaws will be found in Appendix III., Part II., post. A further power to make byelaws regulating the construction of sewers is contained in sect. 83 of 25 & 26 Vict. cap. 102, post. See also the power to make byelaws with reference to the matters specified therein, sect. 164 of the Act of 1894, ante, p. 249.

Byelaws made under this section will be found in Appendix III., Part II., post, such byelaws being continued in force, so far as they relate to matters dealt with by the Act of 1894, by sect. 216 of that Act, ante, p. 303, see the note to sect. 164, on p. 251, ante.

The recovery of penalties imposed by any byelaw made under this section is provided for by sect. 227 of the present Act.

203. All byelaws made and confirmed as aforesaid of byelaws. in pursuance of this Act shall be printed, and hung up in the principal office of the board or vestry, and be open to public inspection without payment, and copies thereof

SS. 204, 211.

shall be delivered to any person applying for the same, 18 & 19 Vict. on payment of such sum, not exceeding twopence, as the c. 120. board or vestry shall direct; and such byelaws, when so published, shall be binding upon and be observed by all parties, and shall be sufficient to justify all parties acting under the same; and the production of a printed copy Evidence of of such byelaws, authenticated by the seal of the board byelaws. or vestry, shall be evidence of the existence, and of the due making, confirmation, and publication of such byelaws, in all prosecutions under the same, without adducing proof of such seal or of the fact of such confirmation or publication of such byelaws.

sewers without consent.

204. No building shall be erected in, over, or under Buildings any sewer vested in the Metropolitan Board of Works, not to be or in any vestry or district board, without their consent made over first obtained in writing, and if any building be erected contrary to this provision the board or vestry in whom such sewer is vested may demolish the same, and the expenses incurred thereby shall be paid by the person erecting such building.

any

tries and dis

211. Any person who deems himself aggrieved by Power to apany order of any vestry or district board in relation to peal against the level of any building, or any order or act of any orders and vestry or district board in relation to the construction, acts of vesrepair, alteration, stopping or filling up, or demolition trict boards of any building, sewer, drain, watercloset, privy, ashpit, in relation to or cesspool, may, within seven days after notice of construction such order to the occupier of the premises affected of works. thereby, or after such Act, appeal to the Metropolitan Board of Works against the same; and all such appeals shall stand referred to the committee appointed by such board for hearing appeals as herein provided; and such committee shall hear and determine all such appeals, and may order any costs of such appeals to be paid to or by the vestry or district board by or to the party appealing, and may, where they see fit, award any compensation in respect of any act done by any such vestry or district board in relation to the matters aforesaid; provided that no such compensation shall be awarded in respect of any such act which may have been done under any of the provisions of this Act on any default to comply with any such order as aforesaid, unless the appeal be lodged within seven days after notice of such order has been given to the occupier of the premises to which the same relates.

A A

18 & 19 Vict.

C. 120.

s. 250.

Note. The words printed in italics have been repealed by the Public Health (London) Act, 1891 (54 & 55 Vict. cap. 76, sect. 142), by sect. 126 of which Act it is provided that appeals to the County Council against a notice or act of a sanitary authority are to be conducted in the manner provided by this section.

The validity of an order against which there has been no appeal to the Council cannot be questioned in proceedings in a court of law. See Vestry of St. James and St. John Clerkenwell, v. Feary, 24 Q. B. D. 703. But the section doe not oust the jurisdiction of the Court of Chancery to grant an injunction. Tinkler v. Wandsworth District Board of Works, 2 De G. and J. 261; 27 L. J. (Ch.) 342; 30 L. T. (O.S.) 146; 22 J. P. 223.

The Council is substituted for the Metropolitan Board of Works by sect. 40 of the Local Government Act, 1888, 51 & 52 Vict. c. 41.

250. In the construction of this Act the Metropolis' shall be deemed to include the City of London, and the parishes and places mentioned in the Schedules (A.), (B.), and (C.), to this Act; the City of London' shall be deemed to include all parts now within the jurisdiction of the Commissioners of Sewers for the City of London; and the word 'parish' shall include any place mentioned in Schedule (A.) to this Act, and any place or combination of places mentioned in Schedule (B.) to this Act, for which one or more member or members is or are to be elected to any district board . . . the word 'owner' shall . . . mean the person for the time being receiving the rackrent of the lands or premises in connection with which the said word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent; the word 'street' shall apply to and include any highway (except the carriageway of any turnpike road), and any road, bridge (not being a county bridge), lane, footway, square, court, alley, passage, whether a thoroughfare or not, and a part of any such highway, road, bridge, lane, footway, square, court, alley, or passage; the word 'drain' shall mean and include any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings

C. 120.

or premises occupied by different persons is conveyed, 18 & 19 Vict. and shall also include any drain for draining any group s. 250. or block of houses by a combined operation under the order of any vestry or district board; and the word 'sewer' shall mean and include sewers and drains of 'Sewer.' every description, except drains to which the word drain,' interpreted as aforesaid, applies.

Note. For the parishes and places included within the meaning of the term 'the Metropolis,' see the note under the heading London' to sect. 4 of the Act of 1894, ante, p. 4; and as to the parts within the jurisdiction of the Commissioners of Sewers for the City of London, see the same note. As to the term 'owner' see the note to sect. 5 (29) of the Act of 1894, ante, p. 26 et seq. See also as to the term 'street' the notes to sect. 5 (1) of the Act of 1894, ante, p. 6. The meaning of the term drain' is extended by sect. 112 of 25 & 26 Vict. c. 102, post.

As to the meaning of the word 'curtilage' see the note under that heading on p. 67 et seq. In the similar definition contained in the Public Health Act, 1875 (38 & 39 Vict. c. 55, sect. 4), it was held that a drain used for the drainage of more than one building was a 'sewer,' and as such vested in the local authority, although it was laid wholly in private land. See Travis v. Uttley (1894), I Q. B. 233; 70 L. T. (N.S.) 242; and see also Hair v. Hill, W. N. (1895) 70; 98 L. T. 570.

c. 120.

c. 112.

THE

METROPOLIS MANAGEMENT AMENDMENT

ACT, 1862

25 & 26 VICT. CAP. 102.

An Act to amend the Metropolis Local Management Acts. [7th August, 1862.]

WHEREAS an Act was passed in the session of Parlia18 & 19 Vict. ment holden in the eighteenth and nineteenth years of the reign of her present Majesty Queen Victoria, intituled An Act for the better Local Management of the Metropolis: and whereas the said Act was amended by a certain other 19 & 20 Vict. Act passed in the session holden in the nineteenth and twentieth years of the reign of her present Majesty, chapter one hundred and twelve, and was further amended, and certain further and other provisions were 21 & 22 Vict. made, by another Act passed in the session holden in the twenty-first and twenty-second years of the reign of her present Majesty, chapter one hundred and four and whereas it is expedient further to amend the said firstmentioned Act: be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

c. 104.

As to trapping of gullies connected with

main sewers.

27. No gully or ventilating shaft immediately connected with or appertaining to, or which hereafter may be immediately connected with or appertain to, any sewer vested in the Metropolitan Board of Works, shall be trapped, covered, or closed up without previous notice in writing being given to the said board, nor if the said board or their engineer within one week after the giving of such notice shall express in writing their or his objection to the same.

Note. It is the duty of the vestry or district board to trap &c. gullies and ventilating shafts of sewers in their districts. See 18 & 19 Vict. c. 120, sect. 71, ante, p. 333.